Originally posted by: ebaycj
Originally posted by: Nutdotnet
Originally posted by: ebaycj
Originally posted by: Nutdotnet
Haha, wow, I can't believe some of these posts.
Bottom line- if the roommate new smoking was not allowed then the roommate is violating the terms of the rental agreement. It doesn't matter if it's cigarettes or marijuana. No smoking is no smoking.
To the moron who said that the roommate has a right to privacy in his room- BULLSHIT. For one, last I checked, in the United States marijuana is illegal, performing illegal activities in a rental unit almost always violates any rental agreement one may have. Two, as I stated in my first paragraph, if there is to be no smoking then there is to be NO smoking.
I'm all for the legalization of marijuana, but I'm also a believer in rules...
Well, you are correct, assuming that he signed a contract that had clauses
directly prohibiting "illegal activities", and "smoking".
I'm guessing that since he is renting a room from a friend's parents, no such contract was signed. (Or if there was a contract, it was simple and only stipulated things like $$/month, etc..)
Illegal activites are illegal activites. A lease does not need to state that illegal activites are prohibited as, by nature of the activity being ILLEGAL, it is already prohibited...
Plus, just in case you're unware, lease terms can be verbal. While written is preferred, if the tenant was informed there was to be no smoking and admits to it, he/she is violating the terms of the lease, written or not.
So you're saying that if he, say, for example, served alcohol to a 20-year-old minor in his room, he could be kicked out for that reason only (because it is illegal, and a misdemeanor)?
What about driving over the speed limit on the road in front of the house?
Illegal activities are prohibited by law, not by the lease agreement.
Unless the lease agreement specifies that misdemeanor illegal activities are prohibited (and therefore sufficient cause to break the lease), a lessee committing a misdemeanor (on or off the property) is not grounds to break a lease.